These terms and conditions of sale apply to every order for web hosting and domain name services placed on hosterwise.com, by a consumer or a business. By confirming your order, you declare that you have read and accepted them.
This English version is provided for convenience. In case of discrepancy, the French version prevails.
01. Seller
The services are sold by Hosterwise (Entreprise individuelle, French law).
Registered office: 4 Courée Éphémère, 85340 Olonne-sur-Mer, France. Registration: RCS La Roche-sur-Yon A 799 325 949, SIREN 799325949. EU VAT number: FR22799325949.
Contact: contact@hosterwise.com or the contact form.
02. Services
WordPress hosting. Hosterwise offers shared hosting plans (Starter, Premium, Boost) on LiteSpeed web servers managed with the CyberPanel control panel. The features of each plan (number of sites, resources, backup frequency, etc.) are those described on the website on the day of the order.
Domain names. Hosterwise registers domain names on the customer’s behalf with the registrar Internet.bs, in the extensions offered on the website.
Related services. Included at no extra cost: migration of an existing WordPress site by our team, with no committed timeframe, and hosting-related technical assistance (support), available through the contact form and by e-mail.
03. Orders
To order, the customer chooses a service and its term, creates or uses a customer account, enters billing details, accepts these terms and pays. The contract is concluded when payment is confirmed; a confirmation e-mail and the corresponding invoice are sent to the customer.
The customer guarantees that the information provided is accurate and declares being of legal age and able to enter into a contract. Hosterwise may refuse or cancel an order in case of suspected fraud, obviously incorrect data or previous unpaid amounts.
For a domain name, after payment the customer provides the registrant details required by the registry from the customer area; registration takes place once this information is received.
04. Prices and currencies
Prices are shown excluding tax. Applicable VAT is calculated under the rules in force, based on the customer’s billing address, and added to the order total before payment.
Reference prices are set in euros. Depending on the customer’s location, prices may be displayed and billed in another currency (US or Canadian dollar, pound sterling, Swiss franc…), based on regularly updated exchange rates. The amount paid is the one shown in the order currency; a subscription renews in that same currency.
The price of a subscription is the one in force when ordering and applies at each renewal. Hosterwise may change its prices for new orders at any time. Any price change for an ongoing subscription is notified by e-mail at least thirty (30) days before the renewal concerned; the customer may then cancel before that date.
05. Payment
Payment is made online by card (or Stripe Link) through the secure payment provider Stripe. Hosterwise never has access to full card details. The first payment is due when ordering.
By subscribing, the customer authorises Hosterwise to charge the saved payment method automatically at the start of each new period. The customer can change this payment method at any time from the customer area.
If a renewal payment fails, the customer is informed by e-mail and new attempts are made. Without payment, the services concerned may be suspended seven (7) days after the first notice, after which the subscription may be terminated.
06. Term, renewal and cancellation
Hosting is subscribed for the term chosen when ordering (1, 6, 12, 24 or 48 months); a domain name for one (1) year. At the end of each period, the subscription renews automatically for the same term unless the customer cancels it.
The customer may cancel a subscription at any time, in a few clicks, from the customer area (“My services”), or turn off its automatic renewal. Cancellation takes effect at the end of the current, already paid period, which is not refunded pro rata, subject to the right of withdrawal (section 7) and the money-back guarantee (section 8).
The customer may upgrade to a higher plan during the subscription from the customer area; the price difference is prorated over the remaining period.
Hosterwise may terminate a subscription if the customer breaches their obligations and fails to remedy the breach within eight (8) days of formal notice, and without notice in case of serious breach (illegal content, fraud, threats to server security).
At the end of a hosting subscription, hosted data may be deleted. The customer is responsible for retrieving their files, databases and e-mails before the subscription ends.
07. Right of withdrawal (consumers)
Under articles L221-18 et seq. of the French Consumer Code, consumers have fourteen (14) days from the conclusion of the contract to withdraw, without giving any reason.
Hosting is made available upon payment, at the customer’s express request. In case of withdrawal, the customer may have to pay an amount proportionate to the service provided until the withdrawal was communicated (article L221-25). In practice, the more favourable money-back guarantee in section 8 allows a full refund of hosting for 30 days.
Under article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for a domain name registered at the customer’s request before the end of the withdrawal period: it is a personalised service fully performed with the registry.
To withdraw, the customer sends an unambiguous statement by e-mail to contact@hosterwise.com, through the contact form, or using the model form in the annex. The refund is made within fourteen (14) days of receiving the request, using the same payment method.
The right of withdrawal does not apply to businesses, except in the cases provided for in article L221-3 of the French Consumer Code.
08. Money-back guarantee
In addition to the statutory guarantees, Hosterwise gives every customer, consumer or business, a 30-day “money-back” commercial guarantee on their first hosting order: on simple request to support within that period, the price paid for hosting is refunded in full, with no reason required, and the service is closed.
This guarantee does not apply to domain names or to subscription renewals. The refund is made using the payment method used for the order.
09. Statutory guarantee of conformity
Consumers benefit from the statutory guarantee of conformity for digital content and services (articles L224-25-12 et seq. of the French Consumer Code). In case of lack of conformity, they can have the service brought into conformity or, failing that, obtain a price reduction or the termination of the contract, under the conditions set out in those articles.
10. Domain names
Domain names are registered with Internet.bs, an accredited registrar, in the customer’s name; the customer becomes the registrant. Registration is subject to the rules of each extension’s registry (for example Afnic for .fr, EURid for .eu) and, for generic extensions, to ICANN policies, including the UDRP dispute resolution policy. The customer agrees to comply with them.
The customer chooses the domain name freely and guarantees that it does not infringe third-party rights (trademarks, names). The customer provides accurate, up-to-date details: they are passed on to the registry and registrar and may be published in WHOIS directories under the extension’s rules. Where the extension allows it, WHOIS privacy is enabled.
A domain name is registered for one year and renewed automatically. If it is not renewed, it expires and may be permanently lost. The customer may ask at any time for the transfer code of their domain to move it to another registrar.
A domain name registered or renewed with the registry is not refundable.
11. Customer obligations
The customer uses the services in accordance with applicable laws and these terms. The customer is solely responsible for the content, sites, plugins and data they host, and for keeping their login details confidential.
Traffic is not capped, but each plan has defined resources (memory, CPU, storage). The following are prohibited in particular: sending unsolicited e-mail (spam), hosting malware or phishing pages, cryptocurrency mining, attacks on other systems and any use that endangers server stability or other customers.
WordPress updates are applied automatically; the customer remains responsible for updating and securing their themes and plugins, and for keeping their own backups.
12. Hosterwise’s obligations, availability and support
Hosterwise uses the means needed to provide quality services that are continuously available; it is bound by a best-efforts obligation. Interruptions may occur for maintenance or in case of incident; Hosterwise strives to keep them short and to inform customers. Service commitments are described on the Service level agreement (SLA) page.
Hosting-related technical support is available 24/7 through the contact form and by e-mail. It does not include development or application maintenance of the customer’s sites.
13. Backups
The automatic backups included in the plans (weekly or daily depending on the plan) are performed under a best-efforts obligation. They do not relieve the customer of keeping their own regular backups, stored outside Hosterwise’s servers. Restoring a backup can be requested from support, within the limits of the backups available.
14. Illegal content and suspension
Under French law no. 2004-575 of 21 June 2004 (LCEN), Hosterwise may block access to manifestly illegal content hosted on its servers as soon as it becomes aware of it. Reports can be sent to contact@hosterwise.com with the information required by law.
Hosterwise may suspend all or part of a service without notice when its use endangers the security or stability of its servers (malware, mass e-mailing, attacks), informing the customer as quickly as possible. The service is restored once the cause has been removed.
15. Liability
Hosterwise cannot be held liable for damage resulting from the customer’s fault, the content they host, force majeure or the act of a third party. Towards business customers, Hosterwise’s liability is limited to direct, foreseeable damage and capped at the amount paid by the customer for the service concerned during the twelve (12) months preceding the event giving rise to liability.
Towards consumers, nothing in these terms limits Hosterwise’s liability beyond what the law allows.
16. Force majeure
Neither party is liable for a failure caused by force majeure within the meaning of article 1218 of the French Civil Code. Performance is suspended for the duration of the event.
17. Personal data
The customer’s personal data is processed in accordance with our privacy policy.
For personal data the customer hosts on their own sites (for example their visitors’ or customers’ data), the customer is the controller and Hosterwise acts as processor within the meaning of article 28 of the GDPR: Hosterwise processes that data only to provide hosting, on the customer’s instructions, ensures its confidentiality and security, and does not disclose it to any third party beyond what the service requires.
18. Intellectual property
The customer retains all rights to the content they host and grants Hosterwise only the right to store and technically reproduce it to provide the service. The elements of hosterwise.com and of the tools provided remain the property of Hosterwise or of their publishers.
19. Changes to these terms
The applicable terms are those accepted when ordering. Hosterwise may update them; the new terms apply to new orders and, for ongoing subscriptions, from the next renewal after the customer has been informed by e-mail at least thirty (30) days in advance, the customer being free to cancel before that date.
20. Complaints and consumer mediation
Complaints should be sent to support, through the contact form or to contact@hosterwise.com.
21. Governing law and jurisdiction
These terms are governed by French law. In case of dispute, an amicable solution is sought first. Failing that, consumers may bring proceedings, at their choice, before the court of the place where they lived when the contract was concluded or where the damage occurred; for business customers, jurisdiction lies with the courts of the place of Hosterwise’s registered office.
These terms are written in French; in case of translation, the French version prevails.
22. Annex: model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract.)
To Hosterwise, 4 Courée Éphémère, 85340 Olonne-sur-Mer, France, contact@hosterwise.com:
- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service:
- Ordered on (*) / received on (*):
- Order number:
- Name of consumer(s):
- Address of consumer(s):
- Signature of consumer(s) (only if this form is sent on paper):
- Date:
(*) Delete as appropriate.